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UNITED STATES SHIPPING BOARD EMERGENCY FLEET CORP. v. TABAS

No. 3498.

22 F.2d 398 (1927)

UNITED STATES SHIPPING BOARD EMERGENCY FLEET CORPORATION v. TABAS et al.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied November 1, 1927.

Attorney(s) appearing for the Case

George W. Coles, U. S. Atty., and Paul W. Knox, both of Philadelphia, Pa. (I. V. McPherson, George A. Parker, and George Biddle, all of Washington, D. C., of counsel), for plaintiff in error.

Donald S. Edmonds and Porter, Foulkrod & McCullagh, all of Philadelphia, Pa., for defendants in error.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

DAVIS, Circuit Judge.

Abraham Tabas, Morris Tabas, and Samuel Tabas, copartners trading as the Northern Metals Company, entered into a contract with the United States Shipping Board Emergency Fleet Corporation, defendant, to purchase from it "all underground cable used for the supply of light and power from main substation to the wet basins and to the various ways' substations, approximately 125 net tons," located at Hog Island, Pa. The material was purchased "as...

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